On June 23, the Council of Ministers approved a set of proposals concerning nationality, immigration, the establishment of a unit for foreigners and borders, and residence permits. These changes are grounded in a commitment to robust regulation with a humanistic approach.
Some of the key proposed measures include the following:
1) Amendments to the Nationality Law:
- Naturalization through Residency: The minimum legal residence period required to obtain nationality will be increased to 7 years for citizens from Portuguese-speaking countries and 10 years for others. These periods will begin from the issuance date of the first residence permit. Additional requirements will include proof of knowledge of the Portuguese language, rights and duties associated with Portuguese nationality, and national culture through tests. Criminal record requirements will also be stricter: applications will no longer be accepted from individuals with criminal convictions for crimes punishable by imprisonment, regardless of the sentence.
- Nationality by Origin (distinct from nationality acquired by naturalization): Changes will be made to the regime concerning the attribution of nationality to descendants of foreign nationals residing in Portugal. A minimum legal residence of three years by the parents will be required, and nationality will only be granted upon an explicit declaration of intent from the parents.
- Regime for Sephardic Jews: The current regime will be terminated.
- Naturalization for Great-grandchildren: The proposal will extend the possibility of naturalization to the third generation.
- Loss of Nationality: A mechanism will be introduced for the loss of nationality, applicable only to recently naturalized citizens (past 10 years). Loss of nationality will operate as an accessory penalty, decided by a judicial ruling, based on a case-by-case evaluation of the crime’s severity. It will apply only to crimes that carry a sentence of five years or more of imprisonment and will not apply to those holding original nationality.
2) Amendments to the Foreigners’ Law:
- Job-Seekers Visa: The Job-Seeker visa will now be restricted to highly qualified professionals.
- Family Reunification: Under the proposed changes, individuals would be required to complete a minimum of two years of legal residence in Portugal before becoming eligible to request family reunification. In the case of minors, the application would need to be submitted from within Portuguese territory. For other family members, the process would need to begin at the Portuguese consulate in the country of origin and follow a separate approval track. The government also intends to tighten the general requirements for family reunification. These include demonstrating adequate housing, sufficient financial means (excluding social assistance), participation in integration measures such as language learning and school attendance for minors, respect for democratic principles, and the possibility of refusal based on concerns related to public order, public security, or public health.
- Disclaimer: These proposed changes will not apply to Golden Visa (ARI) applicants, who are not subject to the family reunification regime. Similarly, individuals applying for D7, D3 or D8 visas may include their family members at the outset, through visas issued in the country of origin, meaning this new regime does not affect them either.
- Expired Documents and Renewal Requests: An extraordinary extension will be granted until October 15, 2025 for those with expired documents or pending renewal requests.
- CPLP Regime: The Government reaffirms its commitment to the CPLP regime but aims to prevent the creation of a new expression of interest. A residence visa will be mandatory and obtaining a residence permit on a tourist visa or visa exemption will no longer be possible.
3) Draft Law to Create the National Unit for Foreigners and Borders (UNEF), within the PSP: This proposal aims to establish a new police unit tasked with border control, national territory inspection, and the enforcement of removal and return measures for foreign citizens who do not comply with current legal requirements. It is important to note that this is not a reactivation of SEF, nor is it a transformation of AIMA into a police force.
It’s important to note that the content and scope of these measures are still subject to ongoing parliamentary debate and approval, meaning they could undergo amendments before they come into effect. The Government plans to present these draft laws to Parliament later this week, and their final form will depend on the discussions and decisions made during this process. The news is still developing, and nothing has been officially approved yet. That said, there does appear to be strong political support in Parliament for many of the core changes, so while the final version may still evolve, it’s likely that a significant portion of the proposal will move forward.
We’ll continue to monitor the developments closely and keep our clients updated. Please don’t hesitate to reach us out if you’d like to schedule a time to talk it through further.
